CFR > Title 5 - Administrative Personnel > CHAPTER II—MERIT SYSTEMS PROTECTION BOARD > SUBCHAPTER A—ORGANIZATION AND PROCEDURES (parts 1200 to 1216) > PART 1201—PRACTICES AND PROCEDURES > SUBPART E—Procedures for Cases Involving Allegations of Discrimination (§1201.151 to §1201.175) > 1201.162—Board action on the Commission decision; judicial review.

1201.162—Board action on the Commission decision; judicial review.

(a) Board decision. Within 30 days after receipt of a decision of the Commission issued under 1201.161(c)(2), the Board shall consider the decision and:
(1) Concur and adopt in whole the decision of the Commission; or
(2) To the extent that the Board finds that, as a matter of law:
(i) The Commission decision is based on an incorrect interpretation of any provision of any civil service law, rule, regulation, or policy directive, or
(ii) The evidence in the record as a whole does not support the Commission decision involving that provision, it may reaffirm the decision of the Board. In doing so, it may make revisions in the decision that it determines are appropriate.
(b) Judicial review. If the Board concurs in or adopts the decision of the Commission under paragraph (a)(1) of this section, the decision of the Board is a judicially reviewable action.